or resignation or removal from the State, of any president, manager, treasurer, or other officer, his place shall be filled by the board of managers until the next annual election: Provided, That none but stockholders shall be eligible to be elected president or managers.

Meeting of pre

agers.

SECTION 7. That the president and managers shall meet at such times and places as shall be found most convenient for the transaction sident and manof their business, five of whom shall be a quorum, who in the absence of the president may choose a chairman and shall keep minutes of their transactions fairly entered in a book, and a quorum being formed they shall have full power and authority to buy land for a site for the gas works and erect the same, to appoint all such architects, surveyors, chemists, superintendent, and other artists and officers as they shall deem necessary to construct and carry on the intended gas works, and to fix their salaries and wages; to enter into and execute contracts or covenants in relation to the object of said corporation, and to enforce the same; to ascertain the time, manner, and proportions in which the said stockholders shall pay the money due on their respective shares, to draw orders on the treasurer for money, which orders shall be signed by the president or in his absence by a majority of the managers present, and countersigned by the secretary, and generally to do all such other acts, matters, and things, as by this act and the by-laws and regulations of the company they are authorized to do.

SECTION 8. That the president and managers first chosen shall pro- Certificates of cure certificates of evidence of stock for all the shares of the said com- stock. pany, and shall deliver one such certificate signed by the president and countersigned by the secretary and sealed with the common seal of the said corporation to each person for such share or shares as by him are subscribed and held, which certificate or evidence of stock shall be transferable at pleasure in person or by attorney duly authorized in the Transferable. presence of the president or secretary in a book to be kept by the said corporation for that purpose, subject however to all payments due or to become due thereon; and the assignee holding any certificate transferred as aforesaid shall be a member of said corporation, and for every certificate assigned to him as aforesaid shall be entitled to a share or shares as is therein mentioned of the capital stock of all the estates and emoluments of the corporation incident to such share or shares, and to vote as aforesaid at the meetings thereof, and subject to all penalties and forfeitures, and of being sued for all the balance and penalty due or to become due on each share as the original subscriber would have been.

SECTION 9. That if after twenty days' notice in the public papers as Forfeiture of aforesaid of the time and place appointed for the payment of any pro- stock. portion or instalment of the said capital stock in order to carry on the works of the said company, any stockholder shall neglect to pay such proportion or instalment at the place appointed for the space of thirty days after the time so appointed, every such stockholder or his assignee shall, in addition to the instalment so called for, pay at the rate of two per cent. per month for the delay of such payment; and if the same and the additional penalty shall remain unpaid for such a space of time as that the accumulated penalty shall become equal to the sum or sums before paid in part, and on account of such share or shares, the same shall be forfeited to the said company and may be sold to any person or persons willing to purchase for such price as can be obtained for the same; that in default of payment by any stockholder of any such instalment as aforesaid, the president and managers may at their election cause suit to be brought before an alderman or justice of the peace, or

Dividends.

Authorized to

in any court having competent jurisdiction, for the recovery of the same together with the penalty aforesaid; that in case of the transfer or assignment of any share or shares on which default has been made as aforesaid, the president and managers of the said corporation may bring suit as aforesaid either against the person who assigned or transferred the said share or shares, or the person to whom such transfer or assignment was made, for the recovery of any unpaid instalment together with the penalty aforesaid.

SECTION 10. That the managers shall declare dividends of so much of the nett profit of the company as shall appear to them advisable on the first Mondays of June and December in every year, which shall be paid to the stockholders on demand ten days after the same shall have been declared: Provided, That no dividend shall be declared or paid to the stockholders when such payment would render the corporation insolvent or make its solvency doubtful.

SECTION 11. That the president and managers of this company are borrow money. hereby authorized and empowered, should the same be deemed necessary, to borrow any sum or sums of money in their corporate capacity not exceeding ten thousand dollars, for the purpose of aiding them in the construction of their works and to secure the payment of the same, shall execute a mortgage upon their works and real estate in favor of the person or persons who may have the same, which mortgage shall be executed, signed, and sealed with the seal of the corporation by the president of the company, and delivered under the direction of the board of managers agreeably to the terms of the loan; and the said president and managers shall provide for the payment of the interest upon any loan made under this section out of the receipts for gas before any dividend shall be paid to the stockholders.

Statement of affairs.

Power to erect

SECTION 12. That in the month of December annually, the managers shall submit to the stockholders a written statement under the oaths or affirmations of three of their number, of the amount of capital stock paid in, and the amount of all existing debts against the company, which statement shall show also how the money paid in by the stockholders upon their shares has been appropriated, and the receipts and expenditures for each year up to the time of making the said statement; and in short, shall be a full and satisfactory exhibit of the financial condition of the corporation.

SECTION 13. That the company shall have power and authority, and gas posts, &c. is hereby empowered and authorized to erect gas posts or lamps, burners, and reflectors, and to dig such trenches in and along and across the public streets, lanes, alleys, and side-walks in the district of West Philadelphia, for the purpose of laying their pipes for the distribution of gas as the company may deem necessary, and may enter into such lands and enclosures as may be necessary, and dig trenches through and across them for the same purpose, doing as little damage as possible to private property, and paying for whatever injury may be done by them; and if the parties cannot agree on the amount of damages, the same shall be assessed by three disinterested men on oath, to be appointed by the Court of Common Pleas of Philadelphia county on the application of either party, and the said company shall have the like privileges as to the re-laying or taking up or repairing the said pipes; as often as the same may be necessary: Provided, That the said company shall fill up said trenches, and restore the said streets, lanes, alleys, and side-walks, and the private property as aforesaid, to as good a condition as they were respectively in before the said trenches were dug at the proper cost and expense of the said company.

to prevent.

SECTION 14. That if any person or persons shall open a communi- Communication cation into the street, gas, main, or other gas pipe of the said company, into the street without authority from the inspector or other authorized agents of the gas main pipe, said company, or shall let on the gas after it has been stopped by order of the said inspector or other authorized agent of the said company for repairs or any other cause or purpose, or shall put up any pipes or burners, or in addition to the pipes or burners originally put up and inspected, and introduce the gas into them without authority as aforesaid, he, she, or they shall be subject to a penalty of not less than ten nor more than fifty dollars for each and every such offence, to be recovered as debts of a like amount are recoverable in law, one-half to be paid to the informer and the other half to the said company.

SECTION 15. That if any person shall wilfully do or cause to be done Injury to works, any act or acts whatsoever, whereby any building, construction, or penalty for. works of said company, or any gas pipe, gas post, or lamp burner, or reflector, or any matter or thing appertaining to the same shall be stopped, obstructed, injured, or destroyed, the person or persons so offending shall be guilty of a misdemeanor, and being thereof indicted and convicted in the Court of Quarter Sessions, shall be punished by fine not exceeding one hundred dollars or imprisonment not exceeding one year, or both at the discretion of the court: Provided, Such criminal prosecution shall not in anywise impair the right of action for damages by a civil suit hereby authorized to be brought for any such injury as aforesaid by and in the name of the said corporation, in any court in this State having cognizance of the same.

SECTION 16. That the treasurer to be elected by the stockholders as Treasurer to aforesaid shall be a stockholder in the company, and shall give a bond give bond. to the said corporation with sufficient sureties to the satisfaction of the president and managers of said company, conditioned for the faithful performance of the duties of his office; and he shall also sign the certificates of stock in the said company, together with the president and secretary, as provided for in the seventh section of this act.

SECTION 17. That if the said corporation shall not carry into opera- Commencetion the objects of their charter within three years from the passage of ment of operathis act, then the said charter shall become null and void.

JOHN CESSNA,

Speaker of the House of Representatives.

BENJAMIN MATTHIAS,

Speaker of the Senate.

APPROVED-The twelfth day of April, A. D., one thousand eight

tions.

hundred and fifty-one.

WM. F. JOHNSTON.

No. 303.

A SUPPLEMENT

To an act entitled " An Act to incorporate the Lewisville and Prospect ville Turnpike Road Company in Montgomery county, and relative to certain State roads in Allegheny and Washington counties, and in Luzerne, Schuylkill, and Columbia counties, and relating to the first United States Bank and Court of Quarter Sessions," approved April twenty-second, one thousand eight hundred and fifty, and relative to lateral railroads and county commissioners in Allegheny county, to incorporate the New Castle and Enon Valley Plank Road Company in Lawrence county, changing the word Beaver to that of Lawrence in a certain act approved the twenty-sixth of April, one thousand eight hundred and fifty, and relative to the claim of Jacob Rheem and Daniel Beelman, and to the estate of Mary Ann Taylor, late of the city of Philadelphia, deceased.

SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That Pay of viewers, the viewers, surveyors, and chain-carriers appointed to review part of &c., on a certain a State road in Allegheny and Washington counties, by the fourth, fifth, Allegheny and sixth, seventh, and eighth sections of the act to which this is a supple

State road in

Washington

counties.

Review of said road.

Toll on lateral railroads in

Allegheny county.

Bridges in Allegheny.

Commissioners.

Style.

Location.

Subject to provisions of cer

tain act.

ment, be entitled to receive their daily pay in the same manner and to the same extent as if they had performed said service on or before the first day of September, one thousand eight hundred and fifty.

SECTION 2. That Hiram Hultz and Robert Bigham, of Allegheny county, and James Huey, of Washington county, be, and are hereby appointed viewers to re-view said road, with all the authority, rights, and privileges given by the original act, and that they be required to make report previous to the first day of December, one thousand eight hundred and fifty-one.

SECTION 3. That it shall and may be lawful for the proprietors of lateral railroads in the county of Allegheny to charge and receive from all persons using their respective roads such toll as is charged by the railroads throughout this Commonwealth, in addition to the tolls they are now empowered to receive.

SECTION 4. That the county commissioners of Allegheny county are hereby authorized to repair all bridges which have been or may be built by said county.

SECTION 5. That Jonathan Ayres, John Simpson, James T. Robinson, Joseph Emery, John Furgison, Henry Pearson, D. McCourtney, William Dickson, Joseph Kissick, John Nesbit, John Wilson, David Ramsey, and John Hull, be, and they or any five of them are hereby appointed commissioners to open books, receive subscriptions, and organize a company by the name, style, and title, of "The New Castle and Enon Valley Plank Road Company," with power to construct a plank road, commencing at the borough of New Castle, in Lawrence county, and running through said county so as to intersect the Ohio and Pennsylvania Railroad at the most eligible point on said railroad, in Lawrence county, subject to all the provisions and restrictions of "An Act regulating turnpike and plank road companies, approved the twentysixth day of January, Anno Domini, one thousand eight hundred and forty-nine, and the supplements thereto.

SECTION 6. That the capital stock of the said company shall consist Capital stock. of fifteen hundred shares, of twenty dollars each: Provided, That said company may from time to time, by a vote of the stockholders at a meeting called for that purpose, increase their capital stock so much as may in their opinion be necessary to carry out the true intent and meaning of this act.

SECTION 7. That the road shall consist of a track of not less than eight nor more than fourteen feet wide, with power to lay a double track on any part of the road not more than ten feet wide each, if the company see proper at any time to do so.

Tracks.

SECTION 8. That the said company shall have power to charge and Tolls. collect such tolls as shall be deemed reasonable and necessary to the maintenance of said road.

SECTION 9. That if the said company shall not commence the con- Commencestruction of the said road in three years, and complete the same within ment and comsix years from the passage of this act, then the sections of this act pletion of road. incorporating said company shall be null and void, except so far as the same may be necessary to wind up and settle the affairs and pay the debts of said company.

SECTION 10. That the word "Beaver," where it occurs in the second The word line of the tenth section of an act entitled "A supplement to the road" Beaver" in a laws of this Commonwealth, and to incorporate the Mutual Fire Insu- certain act of rance Company, of Lawrence county," approved the twenty-sixth day changed to Assembly of April, one thousand eight hundred and fifty, shall be taken and con- "Lawrence." strued to read "Lawrence."

SECTION 11. That the Canal Commissioners be, and they are hereby Jacob Rheem authorized and required to investigate the claims of Jacob Rheem and and Daniel BeelDaniel Beelman for losses sustained in the destruction of cars and man, Canal store goods on the State railroad near Coatesville, in the month of Oc- Commissioners tober or November, in the year one thousand eight hundred and fortynine, and report the amount of damages sustained by them, or either of them, if any, together with the facts to the Legislature.

Whereas, Mary Ann Taylor, late of the city of Philadelphia, widow, by her last will and testament bearing date the thirteenth day of April, Anno Domini, one thousand eight hundred and twelve, duly proved and remaining of record in the office for the Register of Wills for the city and county of Philadelphia, did amongst other things will that at the decease of her beloved mother Catharine Hermstad, her half of a house and lot fronting on Elbow lane, at the corner of Biddle's alley, running northerly forty-four feet, should be kept for her lawful heirs Ann Loxley Taylor, Elizabeth Williams Taylor (now Elizabeth Williams Moore), and Mary Ann Taylor (now Mary Ann Jones), for them to have and enjoy all the rights and emoluments arising therefrom, but on no condition whatever to be disposed of during their lives; in case they should not have any lawful heirs, then to descend to the next heir or heirs of the family. The said Catharine Hermstad and the said Ann Loxley Taylor have both since departed this life, whereby the title to the said premises has become vested in the said Elizabeth Williams Taylor (now Elizabeth Williams Moore) and Mary Ann Jones (late Mary Ann Taylor), subject to the aforesaid prohibition not to be disposed of during their lives.

And whereas, The said premises being old, dilapidated, and unproductive, it would be to the interest of the said devisees to sell and dispose of the same, that they may invest the proceeds thereof in some more profitable investment; therefore,

to examine claims of.

Preamble.